Brunswick City Zoning Code
CHAPTER 1280
Provisions Applicable To All Districts
1280.01 GENERAL REGULATIONS.
(a) Permitted Uses. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged, for any purpose other than is permitted in the district in which the building or land is located.
(b) Comparable in Character. The Planning Commission, with the approval of Council, shall have the power to permit any use comparable in character to any of the specified uses listed under the principally permitted uses, permitted accessory uses or conditionally permitted uses section of any district.
(c) Conformity with Regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area, height, number of families and yard regulations of the district in which the building is located.
(d) Principal Building. Every principal building shall be located on a lot having frontage on a public street. No more than one principal building shall be permitted on any one lot presently used or zoned for a single family dwelling.
(e) Lots, Yards and Open Space. No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.
(f) Approval of Plats. No proposed plat of a new subdivision shall be approved unless the lots within such plat equal or exceed the minimum lot size, width and depth requirements set forth in the various districts of this Zoning Code.
(g) Inconsistencies. In the event that any of the requirements or regulatory provisions of this Zoning Code are found to be internally incompatible or inconsistent, one with another, the more restrictive or greater requirement shall be deemed in each case to be applicable. (Ord. 53-97. Passed 5-12-97.)
(h) Prohibited Uses. No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Zoning Code and any additional conditions or requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried waste. Trailers, basement homes, tents and other temporary living quarters shall be prohibited. Additionally, medical and adult use marijuana cultivators and retail dispensaries, as licensed under Ohio Revised Code Chapters 3796 and 3780 respectively, are prohibited in all Zoning Districts and Special Planning Districts of the City.
(Ord. 13-2025. Passed 5-12-25.)
1280.02 HEIGHT EXCEPTIONS.
(a) Allowable Exceptions. No structure shall be erected or altered to exceed the height limit established for the district in which the building is located. However, the following structure types may exceed the applicable height limits: roof structures which enclose elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures.
(b) Height Limits for Exceptions. Radio, television and wireless aerials or masts may be erected to any height. No other such structure shall be erected to exceed by more than fifteen feet the height limits of the district in which it is located, shall have a total area greater than twenty-five percent of the roof area of the building, or shall be used for any residential purpose.
1280.03 RESIDENTIAL FRONT YARD MODIFICATIONS.
The required front yard setback depth of a lot in any residential district shall be modified where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is greater than the minimum front yard setback required in the applicable zoning district. In such case, the front yard setback shall not be less than the average depth of such existing front yards on the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, that the depth of a front yard on any lot need not exceed 100 feet.
1280.04 WATER AND SEWER FACILITIES.
(a) Permits. No building permit or zoning certificate shall be issued without evidence that the Medina County Sanitary Engineer's office, the Medina County Health Department or the Ohio Environmental Protection Agency has approved the proposed sanitary sewage disposal facilities for the use for which the building permit or zoning certificate has been requested.
(b) Without Sewer and Water. Where central sanitary sewage facilities and/or water facilities served by the City public water system are not available, the R-R District minimum lot area, width and required yards shall apply. All other requirements of the district in which the area is located shall apply.
1280.05 DWELLINGS IN NONRESIDENTIAL DISTRICTS.
Living quarters within a building located in any commercial district may be permitted, provided that they are for the sole use of the owner, lessee or manager of the business, or quarters for a watchman or caretaker. Such living quarters shall conform to regulations therefor as specified in Chapter 1254.
1280.06 ACCESSORY BUILDINGS AND STRUCTURES. *
All accessory buildings and structures shall comply with the following provisions:
(a) Incidental to Principal Use. In all districts, accessory uses and buildings shall be clearly incidental to the principal uses permitted on the same premises, and shall comply with requirements of the individual zoning district.
(Ord. 35-2021. Passed 6-14-21.)
(b) Attached Buildings. An accessory building attached to the principal building on a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this Zoning Code applicable to the principal building. The attached accessory building shall be constructed of materials comparable to the principal building. However, non-enclosed patio roofs, and/or covered porches shall be permitted to extend not more than 10 feet within the minimum front yard setback line.
(c) Detached Buildings. In residential districts, detached accessory buildings, including private garages, shall be located between the front of the dwelling and the rear lot line. All detached accessory structures exceeding 100 square feet shall be constructed of materials harmonious, as defined in Section 1242.02(41) of this Code, to the principal building. Detached accessory buildings measuring up to 240 square feet shall be located a minimum of 5 feet from the side and rear property lines and a minimum of 15 feet from the rear of the principal building. Detached accessory buildings exceeding 240 square feet shall be located a minimum of 10 feet from the side and rear property lines and a minimum of 15 feet from the rear of the principal building. Only one shed shall be permitted per lot containing a residential building. No accessory buildings shall be permitted on vacant land. (Ord. 44-2022. Passed 7-11-22.)
(d) Lot Coverage. For lots improved with one or two family dwellings, the total area of such lot that is covered or occupied by buildings shall not exceed 20 per cent of the lot area. The combined land area occupied by all detached accessory buildings on such a lot shall not exceed 800 square feet.
(e) Swimming Pools. Outdoor swimming pools, as defined and regulated by Chapter 1472 of the Codified Ordinances, are not subject to the 20 per cent coverage and 800 square foot limitations of subsection ©) above. Setback requirements for pools are established in Section 1472.03 of the Building and Housing Code. (Ord. 53-97. Passed 5-12-97.)
(f) Commercial or Industrial Districts. Accessory buildings in commercial or industrial districts shall be located in compliance with the minimum side and rear yard setbacks established for the principal building.
(Ord. 35-2021. Passed 6-14-21.)
*Note: Accessory buildings include sheds.
1280.07 VISIBILITY.
No wall, fence or shrubbery shall be erected, maintained or planted on any private property in such manner or location that it obstructs or interferes with traffic visibility on a curve or at any street intersection.
1280.08 DRAINAGE CHANNELS.
Drainage channels and swales are essential for the maintenance of the health and general welfare of the residents. Any encroachment upon or filling or destruction of such drainage channels or swales as shown on approved subdivision plans, site plans or individual lot plans is hereby deemed a violation of this Zoning Code.
1280.09 ESSENTIAL SERVICES.
Essential services as defined in Chapter 1242 shall be permitted as authorized under any franchise or as regulated by any law of the State or ordinance of the City, and shall be exempt from the application of this Zoning Code.
1280.10 SIDEWALKS IN COMMERCIAL DISTRICTS.
The owners of all new or redeveloped commercial properties shall be responsible for constructing sidewalks within the rights of way of all adjacent streets as part of the site improvements. Such sidewalks shall be included on site plans approved by the Planning Commission and shall be designed and located according to plans approved by the City Engineer.
1280.11 HOME OFFICES.
Home offices, as defined in Chapter 1242, are allowed as an accessory use to a dwelling in any zoning district, without a permit. Home offices are distinct from home occupations as defined in Chapter 1242 and regulated in Section 1274.09. Examples of home offices are, among others, telecommuters, secretarial services, and outside sales or mail order businesses where the products are not stored in the dwelling. Home offices are subject to the following:
(a) Such use shall be limited to office functions only. All products and services shall be transmitted to and from the residence electronically, by regular mail service or by small delivery vehicles normally used for small parcel deliveries to single family dwellings.
(b) Other than office supplies, there shall be no display or storage of products or materials of any kind within the dwelling, in accessory buildings, or outdoors on the same lot.
(c) Customers shall not come to the dwelling.
(d) Such uses shall be conducted by the dwelling occupant with no non-resident employees.
(e) Such use shall be carried on entirely within the dwelling and not in an accessory building.
(f) No activity, materials or equipment indicative of the use shall be visible from any public street or from adjacent dwellings.
(g) The home office shall not utilize mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, causes fluctuation in line voltage or other nuisances outside the dwelling unit in which it is located.
(h) No advertising sign shall be permitted.
1280.12 OUTDOOR SALES AND DISPLAY.
In commercial zoning districts, all product display, sales activity, food service and other related commercial activities shall be conducted within a completely enclosed building, unless areas for such outdoor activities are clearly indicated on site plans approved for that purpose by the Planning Commission. Such outdoor activities shall be accessory to a principally permitted or conditionally permitted use on the same parcel. All outdoor product display, sales activity, food service and related activities are further subject to the following:
(a) No commercial product display, sales or other activities may be conducted within a required front yard setback area, unless specifically approved by the Planning Commission.
(b) There shall be no product display, sales or other activities in required parking areas or in vehicle or pedestrian circulation areas, unless specifically approved by the Planning Commission.
(c) Outdoor product display or sales areas shall be located so that visibility into or out of the site, or into and out of the building, is not impaired.
(d) To prevent hazards from fire and impaired visibility, product display areas shall not be located at service station pump islands.
(e) Outdoor vending machines, other than newspaper boxes, may not be placed, outside without approval of the Planning Commission and, if so approved, shall be located against an exterior building wall. There shall be no more than one outdoor vending machine per site.
(Ord. 77-2022. Passed 11-14-22.)
(f) A freestanding ATM or similar financial machine shall not be considered a financial institution. (Ord. 78-2022. Passed 11-14-22.)
1280.13 SATELLITE ANTENNAS.
The requirements listed below shall apply to all satellite antennas in residential zones with diameters of more than 3 feet and to all satellite antennas in commercial or industrial zones with diameters of more than 6 feet. Satellite antennas with diameters of 3 feet of less in residential zones or 6 feet or less in commercial or industrial zones are exempt from the requirements of this section.
(a) Permits. A satellite antenna shall require a zoning certificate as established by Section 1244.06 and a building permit. Fees for the zoning certificate and the building permit shall be the same as for an accessory building of less than 199 square feet.
(b) Location. In all Residential and Commercial Districts, a satellite antenna shall be located between the rear of the principal building and the rear lot line. A satellite antenna shall be located so that all points on the antenna will be at least five feet from a rear or side property line when the antenna is parallel to the ground. A satellite antenna shall not be located on a roof.
(c) Height. A satellite antenna, including its mounting structure, shall not exceed a height above grade of fifteen feet.
(d) Signs Prohibited. Signs, as defined in Chapter 1270, shall not be attached to a satellite antenna, nor shall a satellite antenna be used as part of a sign structure.
(e) Installation. Satellite antennas shall be installed and mounted to meet or exceed the manufacturer's specifications and shall be grounded to comply with the current edition of the National Electrical Code. Wiring between the antenna and any other structure shall be installed underground.
(f) Appeals. In reviewing applications to vary provisions of this section, the Board of Zoning Appeals shall consider the need for appropriate screening, landscaping or other measures to conceal the satellite antenna from the street and/or from adjoining properties.
1280.14 STATE PREEMPTIONS.
The State of Ohio has preempted local government regulation of family homes, adult family homes and child day care, as follows:
(a) Family Homes. Section 5123.19(K) of the Ohio Revised Code states that licensed family homes for the care of 6 to 8 mentally retarded or developmentally disabled persons shall be a permitted use in any residential zoning district, subject to the same lot area, yard and related requirements that are uniformly imposed on all single family residences within the district.
(b) Adult Family Homes. Section 3722.03(A) of the Ohio Revised Code states that adult family homes for the care of 3 to 5 unrelated adults shall be a permitted use in any residential zoning district, subject to the same lot area, yard and related requirements that are uniformly imposed on all single family residences within the district.
(c) Group and Adult Group Homes. Group homes for the care of 9 to 16 mentally retarded or developmentally disabled persons and adult group homes for the care of 6 to 16 unrelated adults are conditionally permitted uses in the R-M District, subject to reasonable standards and conditions as specified in the R-M District, as required by Sections 5123.19(L) and 3722.03(B) of the Ohio Revised Code, respectively.
(d) Spacing Standard. In order to prevent an excessive concentration of family and group homes, all family and group homes as defined in Section 5123.19(A) of the Ohio Revised Code and all adult family and adult group homes as defined in Section 3722.01 of the Ohio Revised Code shall be located a minimum of 2000 feet from another such family or group home. Measurements shall be performed by the Chief Building and Zoning Inspector by measuring straight lines between a proposed and all existing group or family homes.
(e) Family Day Care. Section 5104.054 of the Ohio Revised Code states that Type B family day care homes which provide care for one to 6 children at one time shall be a permitted use in all zoning districts in which residential uses are permitted.
1280.15 WIRELESS SERVICE PROVIDER STRUCTURES.
(a) General. Wireless service provider (WSP) structures, as defined in Section 1242.02, are conditionally permitted uses in the residential districts and the C-O district. They are also conditionally permitted uses in all SPD districts unless the SPD guidelines specifically indicate to the contrary. In districts where they are listed as permitted uses, wireless service provided structures may be issued zoning certificates without review under Chapter 1278, subject to the requirements below:
(1) In districts where they are conditionally permitted, WSP structures shall be located 110 percent of the tower height away from all property lines. In districts where they are permitted uses, WSP structures shall be located 110 percent of the tower height from a residential district or a multiple family property line;
(2) Subject to the provisions in subsection (a) above, WSP structures shall comply with the yard requirements of the applicable zoning district;
(3) WSP structures shall not use guy wires for support. WSP structures shall be self-supporting or use a horizontal support brace attached to a building;
(4) WSP structures shall be no higher than the minimum height necessary and shall not exceed 90 feet high;
(5) WSP structures shall include a sign no larger than 4 square feet containing the name(s) of the owner(s) and operator(s) of the antenna and emergency phone number(s). The sign shall not be lighted; and
(6) WSP structures shall be grounded and shall be attached to the ground and to supporting buildings according to the requirements of the Ohio Building Code.
(b) Recertification. The owner or operator of approved WSP structures shall submit a written request for recertification within 2 years thereafter. The recertification request shall include information on changes to the WSP structure or antennas since the original approval and shall certify that the structure and antennas remain in compliance with all applicable codes and ordinances, including the performance security required by subsection (d) below. The recertification requests shall be reviewed by the Planning Commission for a WSP structure approved as a conditional use and by the Division of Permits and Inspections (Division) for other WSP structures. If, after such review, the Planning Commission or Division determines the WSP facilities remain in substantial compliance with the original approval and all applicable codes and ordinances, the Commission or Division shall recertify the WSP structure and antennas for an additional 2 year period. If the Commission or Division determines that the WSP structure and antennas are not in substantial compliance with the original approval and all applicable codes and ordinances, the Commission or Division shall notify the owner or operator that certification has lapsed and the structure and antenna shall be removed. Such determinations shall be in writing and supported by substantial evidence contained in a written record.
(c) Removal. The City of Brunswick may determine that the health, safety and welfare of the City warrant removal of the WSP structure under one or more of the following circumstances:
(1) Certification of the WSP structure has lapsed as provided above;
(2) The WSP structure has been abandoned for a period exceeding 90 days;
(3) The WSP structure is in a state of disrepair constituting a health or safety hazard;
(4) The WSP structure has been installed or modified without approval by the City of Brunswick; or
(5) The bond required in subsection (d) below has lapsed.
(d) Performance Security. The applicant of the owner of record of the WSP structure shall deposit with the City a bond or other form of security acceptable to the Law Director in an amount of five thousand dollars ($5,000) for each WSP structure. The bond's initial term and all subsequent extensions shall be for a minimum of 2 years and shall not be subject to reduction or cancellation of coverage without at least 30 days prior written notice to the City. Alternatively, the applicant or owner may provide a cash deposit of one thousand dollars ($1,000). The performance security shall be in place at the time of the initial application for the WSP or the application for decertification. The performance security is intended to assure the faithful performance of the terms and conditions of the Zoning Ordinance and shall remain in full force and effect until the WSP structure is removed.
(Ord. 9-03. Passed 1-27-03.)